ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 31, 2014 No. 690

About the National program for eradication of the worst forms of child labor in the Republic of Tajikistan for 2015-2020

According to article 8 of the Law of the Republic of Tajikistan "About the state perspectives, concepts, strategy and programs it is social - economic development of the Republic of Tajikistan" and for the purpose of ensuring accomplishment of the state Strategy of development for the labor market of the Republic of Tajikistan till 2020, the Government of the Republic of Tajikistan decides:

1. Approve the National Action Programme on eradication of the worst forms of child labor in the Republic of Tajikistan for 2015-2020 it (is applied).

2. Coordination of actions for implementation of the National program for eradication of the worst forms of child labor in the Republic of Tajikistan for 2015-2020 to assign to the Ministry of Labour, migrations and employment of the population of the Republic of Tajikistan.

3. Annually to provide to the ministries and departments, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas of republican subordination information on the course of accomplishment of the National program in the Ministry of Labour, migrations and employment of the population of the Republic of Tajikistan.

Approved by the Order of the Government of the Republic of Tajikistan of October 31, 2014 No. 690

The national program for eradication of the worst forms of child labor in the Republic of Tajikistan for 2015 - 2020

1. General provisions

1. Child labor remains to one of the most burning issues in the republic, causing serious concern of society. In Tajikistan the problem of eradication of child labor is object of attention of the different local and international organizations conducting researches and realizing the different projects directed to prevention and extraction of children from the labor market.

2. Serious social effects, as for children, and in the future for all society in general have involvement of children in employment relationships and its worst forms.

3. On June 17, 1999 the International labor conference unanimously accepted the Convention on the worst forms of child labor (No. 182) and the related Recommendation No. 190, urging state members of the International Labour Organization to take immediate and effective measures for ensuring prohibition and liquidation of the worst forms of child labor.

4. According to the requirement of this Convention each state member shall develop and perform the action programs on eradication in priority procedure for the worst forms of child labor.

5. The government according to requirements of international conventions, shall play the central role, perform management and consolidations of efforts of social partners and the organizations of civil society in the problem resolution of the rights of vulnerable children.

6. Proceeding from the assumed international obligations, Tajikistan together with tripartite partners (state bodies, labor unions and merging of employers) develops and prepares the National program for eradication of the worst forms of child labor in the Republic of Tajikistan for 2015-2020 (further the National program).

2. Basic concepts

7. The child is human being, the having rights and requiring to itself special attention, and also the help from the state and society. According to the legislation of the Republic of Tajikistan 1 child person aged up to 18 years is considered.

8. The term "child labor" to belong to work which:

- intellectually, physically, it is social or moral it is dangerous and harmful to children;

- interferes with training of children, promotes for the premature termination of training.

9. Child labor is determined:

- age;

- employment duration;

- work type.

Child labor - does not mean accomplishment of small, internal or house economic works.

10. The concept about the worst forms of child labor is based on the standards fixed in two International Labor Organization Conventions - the Convention on the minimum age, 1973 (No. 138) and about prohibition and immediate measures for eradication the worst forms of child labor, 1999 (No. 182).

11. According to the Convention No. 182 the worst forms of child labor are determined by the following criteria:

- all forms of slavery or the activities similar to slavery, such as sale of children and trade in them, debt bondage and serfdom and forced or obligatory labor, including forced or obligatory recruitment of children, for their use in armed conflicts;

- use, recruitment or the proposal of the child for occupation prostitution, for production of pornographic products or pornographic actions;

- use, recruitment or the proposal of the child for occupation unlawful activity, in particular for production and sale of drugs as it is determined in the corresponding international treaties;

- work which in character or to conditions in which it is carried out can do harm to health, safety or morality of children.

12. Dangerous child labor is work which can lead to death, wound and damage to children. Dangerous forms of child labor - are determined depending on structure of economy, industrial and production processes.

13. According to recommendations of the Convention No. 138 the minimum working-age shall not be below age of completion of the obligatory education level (in Tajikistan 16 years).

3. Situation with child labor in Tajikistan

14. In Tajikistan the statistics of child labor is not conducted on regular basis. Estimates of scales of child labor are based on the next researches conducted from 2004 for 2010 in Tajikistan:

- in 2005 with assistance of the project of the International Labour Organization the conducted research on problems of child labor in residential locations of Tajikistan (city of Qurghonteppa and Dushanbe) 2;

- cluster inspection on many indicators of 2005 - 3;

- express-analysis on child labor in the informal sector of urban economy with focus on the children working at the street in the city of Dushanbe, 2005 - 4;

- inspections of labor power of 2004 and 2009 - 5;

- research of the United Nations International Children's Emergency Fund (UNICEF) Influence of Labor Migration on the Left Children in Tajikistan, 2011.

15. According to the report of Cluster inspection on many indicators of 2005, about 10% of children at the age of 5-14 years (160-170 thousand children) were involved in the sphere of child labor. At the same time most of the working children (89%) combined work with training at school.

16. Child labor is used in many sectors and types of activity. In view of the fact that the majority of the population of the Republic of Tajikistan lives in the rural zone and works in the agricultural sector that greatest number of the working children lives in the rural zone too.

17. The above-stated research of the International Labour Organization of 2005 showed that most of children work as telezhechnik, loaders, washermen of machines, assistants at the market, sellers of plastic bags, cash moneychangers for drivers of public transport, carry out jobbing, including 14-15 summer girls become assistants at gas stations, work as waitresses, dishwashers and cleaners in cafe.

18. In residential locations the share of the children occupied in trade (% 48,1) is also high. Practically all children occupied in the field of processing industry in construction, in retail trade and public catering work more than 20 hours a week.

19. Inspections of labor power of 2004 and 2009 showed that the number of the children working at least 1 hour a week at the age of 12-14 years makes 179,6 one thousand children (one thousand 134,7 in 2004) 6.

20. Generally work of children is used for production of agricultural products (98%), in trade (% 0,9), in processing industry (% 0,5) and in construction (% 0,5). From 15 to 20 percent of personnel in the field of small and medium business are constituted by children. They work in bakeries, confectionery, hairdresser's (as pupils).

21. According to Inspection of labor power of 2009 the following factors promote child labor:

- poverty;

- local customs and traditions;

- big family;

- illegal relations of employers;

- unfair attitude towards girls;

- labor migration of parents.

22. In the course of child labor the working children face the following risks:

- harmful conditions of production, hard manual labor;

- lack of opportunity to eat normally;

- danger of the road accident (washermen of cars, telezhechnik);

- psychological violence - humiliations and insults which the child on workplace is exposed;

- deception cases from employers;

- impossibility of combination of school and work;

- danger and exposure hazard of harmful factors on their health in case of accomplishment of agricultural works (raising and movement of weights, work in heat and cold, irregular working hours, the increased risks of diseases and other).

23. In livestock production industry prevalence of incidence of animals creates the increased risk of biological danger to children. For example, the disease of children of brucellosis can become the reason of their infertility.

24. In the industry, in spheres of trade and services children meet physical and psychological difficulties.

25. In 2001 the supervisory authority State Labour Inspection was for the first time created. In 2007 it was transformed to Public service on supervision in the field of work, employment and social protection. In 2014 she received the name Service of the State Supervision in the field of work, migration and employment of the population of the Ministry of Labour, migration and employment of the population of the Republic of Tajikistan.

26. In 2009 the Law of the Republic of Tajikistan "About labor protection" in the new edition was adopted, and also within the new Code of administrative offenses responsibility of employers was expanded.

27. The order of the Government of the Republic of Tajikistan of May 29, 2010, No. 278 approved the Program of work with minors in the Republic of Tajikistan for 2010-2015.

28. Tajikistan ratified the Convention of the United Nations on the rights of the child, the International Labor Organization Convention No. No. 182 and 138. Therefore, the national legal system needs harmonization with international standards. The concept "Child labor" is not integrated into the national legal system and respectively there are not enough all accompanying regulations and the practician on prevention and eradication of the worst forms of child labor.

4. Purposes and tasks of the Program

29. Program purpose: complete eradication of the worst forms of child labor in Tajikistan.

30. The following tasks are determined:

- forming and development of the tripartite mechanism of coordination of actions for prevention and eradication of the worst forms of child labor at all levels;

- creating favorable conditions for prevention and eradication of the worst forms of child labor;

- realization of direct measures for prevention among children of risk group of entry into the worst forms of work and conclusion of the children involved in the worst forms of work.

31. The strategy of the Program are based on the following documents:

- requirements of Article 6 of the International Labor Organization Convention No. 182, which Tajikistan ratified in 2005;

- The national strategy of development for Tajikistan till 2015 which is approved by the order of the Government of the Republic of Tajikistan of April 3, 2007, No. 166;

- The millennium development goals of the United Nations which Tajikistan joined in 2000;

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